KAM WAI TIM v. THE ESTATE OF CHOW MIU KWAI, DECEASED

DCMP2583/2009

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

MISCELLANEOUS PROCEEDINGS NO. 2583 OF 2009

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BETWEEN

	KAM WAI TIM	Plaintiff
and
	THE ESTATE OF CHOW MIU KWAI, DECEASED	Defendant

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Coram: H H Judge Chow in Court

Date of Hearing: 4 November 2010

Date of Direction: 4 November 2010

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REASONS FOR DECISION

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1.  In 1967, the Plaintiff was employed as a blacksmith. In the summer of that year, his employer instructed him and an apprentice to work at the premises of Flat T on 2nd Floor, Hoi On Building, Nos. 11–33 and 11A–33A, Li Tak Street, Kowloon (hereinafter referred to as “the Property”). His employer gave him the key to that property. After the job had been completed, he left the Property, but he used the Property to stay over for the nights. For about three months, no one came to collect the key from him of the Property. Then gradually he used it as his residence.

2.  In February 1971 a notice came from the Rating & Valuation Department, asking for particulars of occupants in the Property.  He put down his name forward and notified the Rating & Valuation Department.  Since then, he has been paying rates for the Property.

3.  In January 1972 he got married and he used the Property as his matrimonial home permanently.  He changed the locks to the iron gate and the main door of the unit of the Property.  In 1973 and 1974, his sons were born respectively, and his sons’ birth certificates bear the address of the Property.

4.  He also paid the management fees of the Property and he is the registered user of the water meter since 1972.

5.  I am satisfied by the evidence adduced that the Plaintiff has been in adverse possession of the Property for 37 years.  I therefore make an order in terms of paragraphs 1, 2 and 3 of the re-amended originating summons.

(Discussion re costs)

6.  No orders as to costs.

(Chow) District Court Judge

Mr Wilfred Tsui, instructed by Yip & Partners, for the Plaintiff

Defendant, in person, absent